Fresh water lakes, wetlands, rivers, and other bodies of water are important natural resources on which we depend for recreation, wildlife preservation, power generation and drinking water. The continuing existence of pristine, natural water is essential to the American economy and ecosystem. Yet all too often, bodies of fresh water are polluted by careless or negligent acts. Fresh water pollution damages the public at large, especially those individuals living nearby or using the water. There are a variety of claims and remedies available to local residents when a local body of water becomes polluted.
A local resident may file a traditional negligence lawsuit against a polluter if the release of pollution into a local body of water causes personal injury or damage to property. Like any other negligence lawsuit, the plaintiff may prevail in the lawsuit if he or she can prove 1.) The polluter had a duty not to pollute the water; 2.) That the polluter violated that duty by actually polluting the water; 3.) The pollution was the cause of an injury; and that 4.) An injury exists. A negligence suit is the simplest type of lawsuit available in water pollution cases, but unless there is an actual decline in health or quantifiable decline in property value, there is little or no point in filing a negligence claim. If the plaintiff prevails on a negligence claim, monetary damages are awarded.
Another type of suit that may arise out of a water pollution case is a “citizen’s suit.” Federal laws, as well as the local laws of most states, provide statutory mechanisms allowing concerned citizens to sue companies or individuals who pollute waterways on behalf of the general public. These suits are normally based upon the violation of statutes regulating the discharge of pollution into local water. Generally, a citizen suit does not seek money for the plaintiff. Instead, a citizen suit seeks to force the polluter to clean up the mess they made, as well as provide other corrective measures or environmental improvements a particular court may deem appropriate.
For example, any local citizen could bring a lawsuit against a paper mill for discharging pollution into a local river. That citizen does not have to live directly on or adjacent to the river. As long as the citizen bringing the lawsuit claims an interest in keeping the water clean, they will generally have the standing to bring the lawsuit. If the citizen’s lawsuit is successful, the paper mill will be forced to clean up their mess, restore the river to its prior state (if possible) and may be ordered to do things such as build a local park or donate money to a local water-related charity. The damages awarded by the court are usually designed to benefit the public as well as punish the polluter.
Whether a plaintiff is looking to be made whole for injuries or is simply a concerned citizen intent on holding polluters responsible for their actions, there are many legal options and remedies available to those affected by water pollution. It is essential that any potential plaintiff contact a local attorney to discuss options before bringing a lawsuit. Regulations vary from state to state, and often within a state, pollution regulations vary from industry to industry. For example, petroleum companies are regulated by different rules than chemical companies. A lawyer will also be able to advise as to whether a lawsuit should be brought in state or Federal court. Water pollution can be harmful to the environment and to the public at large. Vigilance, diligence and knowledge of the law are the public’s greatest weapons when fighting industry-generated pollution.